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GATEWAY EASTERN RY. CO. v. TERMINAL R.R. ST. LOUIS

No. 94-1575.

35 F.3d 1134 (1994)

GATEWAY EASTERN RAILWAY CO., Plaintiff-Appellee, v. TERMINAL RAILROAD ASSOCIATION OF ST. LOUIS, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 14, 1994.

Attorney(s) appearing for the Case

James A. Fletcher (argued), Thomas J. Healey, Oppenheimer, Wolff & Donnelly, Chicago, IL, John H. Hustava, Collinsville, IL, for plaintiff-appellee.

James W. Erwin, Allen D. Allred (argued), Kenton E. Knickmeyer, Thompson & Mitchell, St. Louis, MO, for defendant-appellant.

Before POSNER, Chief Judge, and COFFEY and RIPPLE, Circuit Judges.

RIPPLE, Circuit Judge.

Gateway Eastern Railroad Co. ("Gateway Eastern") was assigned trackage rights by Conrail over a five-mile stretch of track owned by the Terminal Railroad Association of St. Louis ("TRRA"). Gateway Eastern sought to exercise these rights, but TRRA denied Gateway Eastern access to the track. Gateway Eastern consequently sought a temporary restraining order in an Illinois state court to allow it to exercise its rights under this agreement. The...

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